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BrikoX@lemmy.zip to World News@lemmy.mlEnglish · 2 years ago

‘Free Speech Absolutist’ Elon Musk Files Obvious SLAPP Suit Against Non-Profit Critic

www.techdirt.com

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‘Free Speech Absolutist’ Elon Musk Files Obvious SLAPP Suit Against Non-Profit Critic

www.techdirt.com

BrikoX@lemmy.zip to World News@lemmy.mlEnglish · 2 years ago
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There’s so much to dig into on this one. First off, just to state my own bias upfront, I’m not a fan of the Center for Countering Digital Hate (CCDH). Literally just a few days ago I wrote about on…

cross-posted from: https://lemmy.zip/post/950826

Archived version: https://archive.ph/o9mOI
Archived version: https://web.archive.org/web/20230802061230/https://www.techdirt.com/2023/08/01/free-speech-absolutist-elon-musk-files-obvious-slapp-suit-against-non-profit-critic/

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  • Hyperreality@kbin.social
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    2 years ago

    Free speech absolutist, my ass.

    He sued Top Gear back in 2008 for suggesting the roadster had a low range on a track. Which it does.

    And we now know tesla has been lying about the range of its cars all along.

    • exscape@kbin.social
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      2 years ago

      Top Gear did fake a Tesla running out of battery though… so I can see why they’d be pissed about that. They started pushing it to the garage when it had 20% battery remaining. And said “they never claimed it ran out of battery”. I think many viewers got a different impression.

      • Hyperreality@kbin.social
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        I can see why they’d be pissed about that.

        The initial case was about the roadster likely having a 55 mile range on a track. Which was judged to be true.

        Musk was pissed about Top Gear pointing it out, but it wasn’t a lie.

        The judge concluded that no reasonable viewer would equate range on a track, with range in normal daily driving.

        I think many viewers got a different impression.

        We didn’t. That’s a lie told by Tesla, who misrepresented what the case was actually about, and was parrotted by the tesla cult.

        I watched it at the time. It was clearly a dramatisation to illustrate a point, and no viewer would have reasonably thought otherwise.

        They correctly pointed out the range would be low on a track. They illustrated this by showing the car run out of battery. That’s how entertainment shows work.

        That’s not just my opinion, but the opinion of the judge after Musk sued twice, and lost twice.

        And you have to remember that UK libel laws notoriously favour the plaintiff:

        English defamation law puts the burden of proof on the defendant, and does not require the plaintiff to prove falsehood. For that reason, it has been considered an impediment to free speech in much of the developed world. In many cases of libel tourism, plaintiffs sued in England to censor critical works when their home countries would reject the case outright. In the United States, the 2010 SPEECH Act makes foreign libel judgements unenforceable and unrecognisable by U.S. courts if they don’t comply with U.S. protections for freedom of speech and due process, which was made largely in response to the English laws. The Defamation Act 2013 substantially reformed English defamation law in recognition of these concerns, by strengthening the criteria for a successful claim, mandating evidence of actual or probable harm, and enhancing the scope of existing defences for website operators, public interest, and privileged publications.

        So much so, that the US introduced a law to make English judgements unenforceable and the law was eventually changed exactly because it was unbalanced.

        Of course, if you go to tesla’s website, you’ll still find an article about the 55 mile range on a track being incorrect.

        Unsurprisingly, that’s a lie. As it turns out, they lied about the range of their cars then, and they’re still doing it now:

        https://arstechnica.com/tech-policy/2023/07/tesla-exaggerated-ev-range-so-much-that-drivers-thought-cars-were-broken/

        I just don’t get why people defend Tesla. No one would defend Hyundai if they lied about the Ioniq’s range.

    • heavyboots@lemmy.ml
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      2 years ago

      Well, he means absolutely only his speech should be free, of course.

  • Max_Power@feddit.de
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    2 years ago

    Before this Twitter debacle I was on the fence whether Musk is a genius or a fraud.

    Today it is clear as day that he is the latter.

    To me it’s still an open question why SpaceX is so successfull – is it because of him or despite him?

    • tsuica@lemmy.ml
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      It has always been despite him. There are some brilliant people at SpaceX which made eveything from Falcon Heavy to Starlink to Dragon possible.

      They needed to keep Musk distracted so he didn’t interfere with operations too much.

      • snooggums@kbin.social
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        2 years ago

        Just like PayPal!

    • Ooops@kbin.social
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      SpaceX is successfull because they not only have competent engineers but are also good at managing Musk by distracting him and steering him away from critical stuff (or personal he might randomly fire).

    • McrRed @lemm.ee
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      I think you know the answer to that. Despite. It’s despite his egregious meddling.

    • Echo Dot@feddit.uk
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      SpaceX is successful because of Gwen Shotwell the CEO (fantastic name by the way).

      But also because they’re not “old areospace”. They are able to move quickly and be dynamic and change focus quickly.

      Meanwhile Boeing is still trying to get Starliner of to work, despite the fact that it’s clearly a dud and they should abandon it.

    • morrowind@lemmy.ml
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      Def because of him. Musk is still a smart guy but has just become arrogant and is out of his league with twitter. And I guess his ego is too large now to accept he handled any of it badly so he just keeps plowing forward, duct taping around…

      The open question is, is the fact that twitter is still running fairly well because it is so well engineered and resilient, or is musk actually just duct taping well?

      • 520@kbin.social
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        Haven’t SpaceX engineers gone on record saying they orchestrate distractions for Musk to ensure he doesn’t meddle?

        • yata@sh.itjust.works
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          They have indeed.

  • akai@kbin.social
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    2 years ago

    Maybe a lawsuit is considered free speech?

    /s just in case

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